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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Coroners (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. Application 3
6. Jurisdiction of coroners to investigate a death 4
7. Jurisdiction of coroner to hold inquest into a death 4
8. Repeal of jury provisions 5
9. Application for inquest 5
10. Findings and comments of coroner 6
11. Reports 6
12. New sections 49 and 50 inserted 6
49. Power of coroner to award costs 6
50. Enforcement of awards of costs 7
13. Rights of interested persons--Consequential amendment 7
14. New sections 59A and 59B inserted 8
59A. Re-opening by State Coroner of inquests in certain
circumstances 8
59B. Refusal of State Coroner to re-open inquest 8
15. Supreme Court--Limitation of jurisdiction 9
62A. Supreme Court--Limitation of jurisdiction 9
16. Objects and functions of the Institute 9
17. New section 75 inserted 10
75. Validation of past conduct of the Victorian Institute of
Forensic Medicine 10
18. New Part 10 inserted 10
PART 10--TRANSITIONAL 10
76. Transitional provisions 10
NOTES 12
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532175B.I1-23/3/99
PARLIAMENT OF VICTORIA
A BILL
to amend the Coroners Act 1985 and for other purposes.
Coroners (Amendment) Act 1999
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to invest the State Coroner with the
jurisdiction to re-open inquests in certain
5 limited circumstances; and
(b) to repeal the provisions in the Coroners Act
1985 relating to the holding of inquests with
juries; and
(c) to confer on coroners a power to award
10 costs; and
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Coroners (Amendment) Act 1999
s. 2
Act No.
(d) to amend the objects and functions of the
Victorian Institute of Forensic Medicine.
2. Commencement
(1) Sections 1 and 3 and this section come into
5 operation on the day on which this Act receives
the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 July 1999.
3. Principal Act
No. 10257.
10 In this Act, the Coroners Act 1985 is called the
Reprint No. 3
Principal Act.
as at
1 October
1998.
4. Definitions
In section 3 of the Principal Act--
(a) insert the following definitions--
15 ' "legal practitioner" has the same meaning
as in the Legal Practice Act 1996, but
does not include an incorporated
practitioner;
"public statutory authority" means any
20 public body constituted or established
for a public purpose by or under an Act;
"tissue" has the same meaning as in the
Human Tissue Act 1982;'.
(b) in the definition of "person held in care", for
25 paragraph (a) substitute--
"(a) a person under the control, care or
custody of the Secretary to the
Department of Human Services; or
(ab) a person in the custody, or deemed to
30 be in the custody of--
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s. 5
Act No.
(i) the Secretary to the Department of
Justice; or
(ii) the Chief Commissioner of Police;
or
5 (iii) a member of the police force; or
(iv) a protective services officer
appointed under the Police
Regulation Act 1958; or
(v) the chief executive responsible for
10 an institution within the meaning
of section 56(1) of the
Corrections Act 1986; or";
(c) in the definition of "reportable death", after
paragraph (i) insert--
15 "(ia) of a person under the control or care of
the Secretary to the Department of
Justice or a member of the police force;
or
(ib) of a person in respect of whom a court
20 has made a non-custodial supervision
order under section 26 of the Crimes
(Mental Impairment and Unfitness to
be Tried) Act 1997; or".
5. Application
25 At the end of section 5 of the Principal Act
insert--
"(2) Despite sub-section (1), if an inquest has
been held or completed by a coroner under
the Coroners Act 1958, an application
30 cannot be made under section 10 of that Act
for an order quashing the inquisition on that
inquest but a person may apply under
section 59 of this Act for an order that some
or all of the findings of the inquest are void.
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(3) Despite sub-section (1), the Supreme Court
has jurisdiction under section 59 of this Act
in respect of an inquest--
(a) concerning the manner of the death of
5 any person; or
(b) into the cause and origin of any fire--
held under the Coroners Act 1958 and, if
the Supreme Court makes an order under
section 59(2) of this Act, this Act applies
10 to--
(c) a new inquest; or
(d) the re-opened inquest--
into the death or fire.".
6. Jurisdiction of coroners to investigate a death
15 In section 15 of the Principal Act, for sub-section
(3) substitute--
"(3) Unless the Attorney-General directs
otherwise, a coroner need not investigate a
death if--
20 (a) an investigation or inquest into the
death is held in another State or in a
Territory; or
(b) the death occurred outside Australia.".
7. Jurisdiction of coroner to hold inquest into a death
25 (1) In section 17(1) of the Principal Act omit "or that
the deceased ordinarily resided in Victoria at the
time of death".
(2) After section 17(2) of the of the Principal Act
insert--
30 "(2A) The Attorney-General may direct the State
Coroner to hold, or to direct a coroner to
hold, an inquest into a death that occurs
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outside Victoria where the deceased
ordinarily resided in Victoria at the time of
death.".
8. Repeal of jury provisions
5 (1) In section 17 of the Principal Act--
(a) in sub-section (3) omit "and may, if a jury
has been summoned, discharge the jury"; and
(b) in sub-section (4), for ", to recommence an
inquest which has been adjourned or to
10 discharge a jury" substitute "or to
recommence an inquest which has been
adjourned".
(2) In section 22 of Principal Act omit "or, if an
inquest is held with a jury, by the jury which are
15 needed to register the death".
(3) Sections 49 to 56 of the Principal Act are
repealed.
9. Application for inquest
(1) In section 18(1)(b) of the Principal Act, for "seven
20 days" substitute "a reasonable time".
(2) In section 18 of the Principal Act, for sub-section
(2) substitute--
"(2) If, after the expiry of 3 months from the date
a person requests a coroner to hold an
25 inquest into a death, the coroner has not--
(a) agreed to hold the inquest or asked
another coroner to do so; or
(b) refused the request and given his or her
reasons in writing to the person and the
30 State Coroner--
the person may apply to the Supreme Court
for an order that an inquest be held.".
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(3) In section 35(1)(b) of the Principal Act, for "seven
days" substitute "a reasonable time".
(4) In section 35 of the Principal Act, for sub-section
(2) substitute--
5 "(2) If, after the expiry of 3 months from the date
a person requests a coroner to hold an
inquest into a fire, the coroner has not--
(a) agreed to hold the inquest or asked
another coroner to do so; or
10 (b) refused the request and given his or her
reasons in writing to the person and the
State Coroner--
the person may apply to the Supreme Court
for an order that an inquest be held.".
15 10. Findings and comments of coroner
In section 19(1) of the Principal Act--
(a) in paragraph (d), for "1996; and" substitute
"1996.";
(b) paragraph (e) is repealed.
20 11. Reports
In sections 21(2) and 38(2) of the Principal Act,
for "the Attorney-General" substitute "any
Minister or public statutory authority".
12. New sections 49 and 50 inserted
25 After section 48 of the Principal Act insert--
"49. Power of coroner to award costs
(1) Subject to sub-section (2), every person
appearing before an inquest who is
represented by a legal practitioner is to bear
30 their own costs in relation to the inquest.
(2) If, in a particular case, a coroner is of the
opinion that a person, or a legal practitioner
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s. 12
13
Act No.
representing a person, at an inquest has
unreasonably delayed the inquest, the
coroner may order that the person, or the
legal practitioner, pay all, or a specified part,
5 of the costs of any other person appearing at
the inquest.
(3) This section applies only to an inquest
commenced after the commencement of
section 12 of the Coroners (Amendment)
10 Act 1999.
50. Enforcement of awards of costs
(1) All costs awarded to a person under
section 49 are a debt due to that person and
recoverable in a court of competent
15 jurisdiction.
(2) If a coroner makes an order as to costs, the
person to whom payment is to be made
under the order may enforce the order by
filing free of charge in the Magistrates'
20 Court, the County Court or the Supreme
Court (as the case may be)--
(a) a copy of the order certified by a
coroner's clerk to be a true copy; and
(b) that person's affidavit as to the amount
25 remaining unpaid under the order.
(3) On the filing of the documents referred to in
sub-section (2), judgment is deemed to have
been entered in the Magistrates' Court, the
County Court or the Supreme Court (as the
30 case may be) for the sum mentioned in the
affidavit as being unpaid and may be
enforced accordingly.".
13. Rights of interested persons--Consequential
amendment
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In section 45 of the Principal Act, for "barrister
and solicitor" (wherever occurring) substitute
"legal practitioner".
14. New sections 59A and 59B inserted
5 After section 59 of the Principal Act insert--
"59A. Re-opening by State Coroner of inquests in
certain circumstances
(1) A person may apply to the State Coroner for
an order that some or all of the findings of an
10 inquest are void.
(2) The State Coroner may, by order, declare
that some or all of the findings of the inquest
are void and may re-open, or direct another
coroner to re-open, the inquest and
15 re-examine any finding.
(3) The State Coroner may only make an order
under sub-section (2) if he or she is satisfied
that--
(a) there is a mistake in the record of the
20 findings; or
(b) it is desirable because of new facts or
evidence.
(4) The State Coroner does not have jurisdiction
under this section if, on an application based
25 on the same, or substantially the same,
grounds or evidence, the Supreme Court has
refused to make an order under section 59.
(5) This section applies only to inquests
concluded after the commencement of
30 section 14 of the Coroners (Amendment)
Act 1999.
59B. Refusal of State Coroner to re-open inquest
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s. 15
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(1) If the State Coroner refuses to make an order
under section 59A(2), a person may apply to
the Supreme Court for an order under
section 59.
5 (2) On an application to the Supreme Court in
circumstances referred to in sub-section (1),
a person may adduce any evidence, or raise
any grounds, whether or not they have been
adduced or raised before the State Coroner
10 on an application under section 59A in
respect of the inquest.".
15. Supreme Court--Limitation of jurisdiction
After section 62 of the Principal Act insert--
"62A. Supreme Court--Limitation of jurisdiction
15 It is the intention of section 5 to alter or vary
section 85 of the Constitution Act 1975.".
16. Objects and functions of the Institute
(1) In section 64(2) of the Principal Act, after
paragraph (h) insert--
20 "(i) to provide for the storage of tissue, taken in
accordance with the Human Tissue Act
1982 from deceased persons coming under
the jurisdiction of coroners in Victoria, for
use for therapeutic purposes.".
25 (2) In section 66(1) of the Principal Act--
(a) in paragraph (b), for "organs, tissues"
substitute "tissue";
(b) after paragraph (f) insert--
"(g) to provide facilities for the storage of
30 tissue taken in accordance with the
Human Tissue Act 1982 from
deceased persons coming under the
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s. 17
Act No.
jurisdiction of coroners in Victoria, for
use for therapeutic purposes.".
17. New section 75 inserted
In Part 9 of the Principal Act, after section 74
5 insert--
"75. Validation of past conduct of the Victorian
Institute of Forensic Medicine
Anything done or purported to be done under
this Act by the Institute before the
10 commencement of section 17 of the
Coroners (Amendment) Act 1999, that
would have been validly done had section 16
of the Coroners (Amendment) Act 1999
been in operation at the time at which the
15 thing was done or purported to have been
done has, and is deemed always to have had,
the same force and effect as it would have
had if that section had been in operation at
the time at which the thing was done or
20 purported to have been done.".
18. New Part 10 inserted
After Part 9 of the Principal Act insert--
"PART 10--TRANSITIONAL
76. Transitional provisions
25 (1) Section 17, as amended by section 7 of the
Coroners (Amendment) Act 1999, applies
only to deaths that occur after the
commencement of section 7 of that Act.
(2) Section 18, as amended by section 9 of the
30 Coroners (Amendment) Act 1999, applies
only to deaths that occur after the
commencement of section 9 of that Act.
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(3) Section 19, as amended by section 10 of the
Coroners (Amendment) Act 1999, applies
only to investigations into deaths
commenced after the commencement of
5 section 10 of that Act.
(4) Section 35, as amended by section 9 of the
Coroners (Amendment) Act 1999, applies
only to fires that occur after the
commencement of section 9 of that Act.".
10
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Coroners (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Coroners (Amendment) Act 1999
Act No.
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